Coles v. County of Washington
Supreme Court of Minnesota
Appeal by plaintiff from an order of the district court for Washington county, Crosby, J., presiding, sustaining a demurrer to the complaint. The action was brought to recover the amount of taxes paid by the plaintiff as a mortgagee, which taxes are alleged in the complaint to have been adjudged void in his suit to foreclose the mortgage.
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Appeal by plaintiff from an order of the district court for Washington county, Crosby, J., presiding, sustaining a demurrer to the complaint. The action was brought to recover the amount of taxes paid by the plaintiff as a mortgagee, which taxes are alleged in the complaint to have been adjudged void in his suit to foreclose the mortgage. The allegations of the complaint in reference to the findings of the court in the action to foreclose the mortgage were as follows, viz.: That the court' “found as to the issue concerning said taxes as follows : * I further find that the assessment-rolls of…
1Opinion of the Court
Vanderburgh, L
The plaintiff purchased and received a deed of certain premises, being a block of land in the city of Stillwater. The title of her grantor was obtained under a foreclosure sale, which, at the time of such purchase, though apparently valid and sufficient to pass the title, was in fact void on account of matter dehors the record, and entirely unknown to the plaintiff; and it appears to have been so adjudged. Coles v. Yorks, 28 Minn. 464, (10 N. W. Rep. 775.) Before the discovery of the defect in her title, and while she, in good faith, believed herself the absolute owner of. the…
2Cases cited9 opinions
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
- Johnson v. SandhoffSupreme Court of Minnesota · 1883
- County of Olmsted v. BarberSupreme Court of Minnesota · 1883
- State ex rel. Wheeler v. FoleySupreme Court of Minnesota · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Foster v. MalbergSupreme Court of Minnesota · 1912
- Calderwood v. Jos. Schlitz Brewing Co.Supreme Court of Minnesota · 1909
- Bryant v. Nelson-Frey Co.Supreme Court of Minnesota · 1905
- Goldschmidt v. County of NoblesSupreme Court of Minnesota · 1887
- State ex rel. Miller v. BruceSupreme Court of Minnesota · 1892
3 more not listed; retrieve them via the Exa API.